Archive for July, 2009


catching up

That look that lasts

A second

Not a word did they say

That look that lasts

A second

Destroyed your world

Today

Gone in an instant was

All you ever knew

That look that lasts

A second

Has completely undone

The you

Reformed in an instant

Not sure what has just

Done passed

That look that lasted

A second

Seems now a lifetime

To me and you…….

The Car!

I am just totally and absolutely amazed by the amount and depth of information available on the net. I have messed about with computers and the internet for far too long and despite having “surfed” for years I still feel like a dam novice…. The following are examples about how everyday events like a garage fire can yield so much information…..

 

http://www.findpeoplefree.co.uk/r.aspx?c=COLCHESTER

 

http://www.essex-fire.gov.uk/pages/index.asp?area=5&id=46

 

http://www.eadt.co.uk/content/eadt/news/story.aspx?brand=EADOnline&category=News&tBrand=EADOnline&tCategory=xDefault&itemid=IPED15%20Jul%202009%2009%3A00%3A34%3A487

 

http://www.independent.ie/topics/Colchester

 

http://www.gazette-news.co.uk/news/4484896.Garage_fire_wrecks_cars/

 

 

 

 

watch this space the sarga of the car continues!

Oh those things!

Oh those things that come to test us

When we think we are doing fine

Push and shove in every direction

Tempted oh how so tempted to

Commit some kind of crime

Things forgotten being ever so clear

Paths once avoided

Now in that direction we steer

 

Oh those things that come to test us

Forgotten in our dreams

Not sure if that was once

A kind of reality

Lived and breathed

But now less than memory

 

Oh those things that come to test us

And divide the you from me

Gone are notions of oneness

In all simplicity

Brought back with a thud

This once was life for me

 

Oh those things that come to test us

Have come back to bother me

Finding times with peace of mind

Seems like they been missing me

A solder is wanted to keep the peace

By kicking off a war

No holds bared no bottom line

I wonder what’s in store

 

 

Oh those things that come to test us

Have remembered where I live

Or was it that in some distant way

My whereabouts’ to it I did give

Is there that hidden soldier that has

Craved this all along

Distant battles and constant wars

Being the guiding song

 

 

Oh those things that come to test us!

 

Gone for a much needed walk in the darkness

And tranquillity of the country!

 

 

Interval….

Observe those things changing

For better or worse

Acceptance of individuals

Conceptions diverse

Acknowledgement of contentions

And recognition of fears

Realization of correctness

And the gradation of tears

Past interventions now far

Pushed aside

Another one has fallen

And we accept this with pride

Lost are those moments

For changing one’s mind

Now left to ponder

Are those left behind…….

Catch up ….. 3

Concerned individuals of body

And mind, distinctive perceptive

Being difficult to find

Alone and precluded are the

Hero’s of our time

Passed unrecognised not so

Easily defined

Lost to a history of passing events

Not concerned with the world

And it’s current events

Singularly focused on one point

In time

Its label states clearly that this

Point is mine

Waiting for persons

With optimum of chance

To here stake a claim

And thus make a stance

Against movements of

Mountains

And the flattening of time

To inspire in others

What direction to climb

 

…………………………..

 

 

One of the few with a date 31-12-08

 

Some things are sent to

Remind us

Of a world

That has not been…..

 

Distant lands upon which

Foreigners stand with hearts

And minds a gleaming

 

Decisions once were taken

Upon which were based

Our dreams

Of suppressive

Demands and a will to understand

Those yet to be forsaken

 

Now viewed with remembrance

And it’s knowledge that was

Found we dare rejoice at

An understanding of choice for a

Direction yet to be found

I dreamt a dream of long ago

Thing in grandeur that

I could not know

Places of golden stones

Spires from temples

Of Shimmering chrome

Nothing sold and nothing brought

And to all children pure

All knowledge was taught

Not of political persuasions’ in kind

Not of economics or nations in decline

But of righteousness and the lords words

Divine gone was heart ach and the

Dark deeds of our time

Replaced were conceptions of profit

And greed

Removed was desire for those things

We don’t need

Darkened days turned to colourful nights

People no longer filled with outrage

Or denied basic rights

I dreamt of a dream of long ago

A place in the future where we

Are destined to go……

 

…………………

 

Missed opportunities no longer concerned

Gone are the notions of things yet to be learned

Recognised faces from places still to go

Safe is the knowledge that time will still show

Of continual directions and paths yet to come

Thus comes a future with chance of mistakes

Forward planning with foundations cast

Upon past distance taken and things that

Did not last

Missed opportunity no longer concerned

Darkness unstable by the frostiness of mind

Reason, insanity distorted being difficult to find

Misty vapour clouding minds eye

Frozen are paths we walked yesterday

Lost generations are viewed in the dark

Placed in positions now ready for there part

Time immortal doing it’s thing

The earth with us humans now dormant till spring

Trapped in our knowledge of wires and confines

Behind closed doors are the thinkers of our kind

If I could swim

And dived to the deepest of depths

To fine only one pearl

For you

 

Would you recognise

My fears and wipe away

All my tears and give me

Your heart for true

 

If I could fly

And went to the stars

To bring back the

Moon for you

 

Would you hold my hand

And forever beside me stand

To let others know

I was the one for you

 

While none of these

Are true there are

Things that I would

Do to be seen in the

Presence of you

 

So throw me a line

My heart do not decline

For my soul is yearning

For just you……

 

 

…………………………….

 

Some people aspire

While others inspire but the

Latter for me is what

You do

So come take a chance

And let me enhance

That beauty that is

Already you…..

I like the concept of transferable energy…

 

I have reached the age of 45 and know nothing

But feel excited at the prospect of learning something

As I may be old enough know of appreciate

The concept of learning

 

I read a couple of books a few years ago

The Celestine Prophecy Series which was what

Got me thinking about transferable energy

That an a convo with a friend

 

I have had one of those long but

Rewarding days where I have done

Most things that I needed to

And all those that I wanted to

Have had the privilege of being hugged

By two son’s and one grandson

Chatted with friends and spoke to my mother

So now at stupid o’clock I am going to my bed

Thinking that was a good day what ever tomorrow

May bring….

 

So come tell me something new init…

  Different to my writings but nice to see a different perspective to the me…..

Quote

Waking up, after a long sleep!!

Want so much to run again, to be again without the pain.
My turn too be restless, but it will pass.
Started to sort, but get distracted, to many things on the go.
My head burns, I turn and walk away.
I stretch and feel the pull, i feel empty, but completley full!
The pain is raw in my side, no narcotic can hide.
It travel’s in my brain, i move about to ease it again.
4 year’s it’s took to heal, part’s  of my life it slowly steals.
And now get off the drug’s that dull, work on a life that’s full.
Get back on the hamster wheel, finding something that is real.
Find a job, that i can do finish it and see it through.
Take my mind off only me, give me light so i can see.
 
Blimey that was deep lol!! for me  

Time….

Dealing with challenges one at a time

Strength in body agility in mind

Balanced

 

 

Had last night been your last are you

Comfortable with your choice of affiliation?

 

 

I see your dream so clearly

Each time I look in your eye’s

I see your thoughts of such wonder

Framing you world like the skies

I see your dream so clearly

As you stare past me in a glaze

Watched with such passion and amazement

As though a child in a maze

Gone is al sense of belonging

Restricted by who goes and who stays

Brought to new recognition

That there will always be enough days

I see your dream so clearly

 

 

 

Time is all it takes

To create those things anew

Time is what is missing

That space between me and you

Slowed to that pace of understanding

Where we know everything that we do

Time is all that it takes

For the me to understand

The you…….

Summer!

I feel that hyper mode kicking in…. endless engergy gathered from the sun… been sitting still too dam long and feel like I need to do a little exercies… released from the confines of forced social interaction and able to once again retreat into the solitude of health and self preservation!!!
 
Summer is hear, grab it while it last’s…….
 
 

I kissed away your tears

For those things you could not show

I often held you close

For the fears you could not know

I picked up all those peaces

That you broke each day somehow

I listened with all my heart

As the sweat ran down your brow

Oh how those days have lasted

From the then until the now

Covered in condemnation

But we made it here for now

And still the war’s not over

For with back’s against the wall

Once again called upon

For alone we must stand tall

Thats it done with…. nothing else I can do… got all the papers together sorted out order date and all that jazz….. the rest is down to the courts…. total and utter crap that no one in this dam country wants to take on Rutland County Council… still you know what they say if you want it done do it your self… I have done…. now I can concentrate on my course work… that is if the police dont give me any more jib….. lol… by the way that common assault thing…. I took it to court and challenged the conviction and sentence… and got both quashed nice1 papasmurf init….. if I was to say that the police paid out a small amount rather than take the case to court for discriminatory practices I would be breaching a possible condition know as the gagging order…. so that’s not what I am saying getme….. now it’s time to put my head down for six months’ but which time I will either move to wale’s or Jamdown….. the former is more realistic as I have not even had time to send off for the papers for yard as yet…. good old mum’s and dad’s will be helping out that end but in that respect I have always been blessed, even when I was too stupid to know or recognise it….. god I am so dam tired of this constant struggle shit just to stay out of shit…. I think I have had to defend like at least one case every year for the last five years I been in Oakham…. I am getting the feeling they want me to say and entertaine them……. Catch up with my people’s dem as and when I can init… much love to one and all but ya know my baby boy’s dem come first init…. missing but not gone……..

2

in the NOTTINGHAM county court                             8ng02777

 

Between

 

1st Claimant Malachi Lloyd Wilks an infant suing by his farther and his litigation friend Richard Bradley Wilks

1st Defendant Rutland County Council

                                                                  And

2nd Claimant Richard Bradley Wilks suing

1st Defendant Rutland Country Council and

2nd Defendant Rutland County Council Chief Executive Helen Briggs

____________________________

 

PARTICULARS OF CLAIM

____________________________

1.                  The 2nd Defendant was at all material times responsible for the direction, control and acts and or omissions of all Rutland County Council employees whether or not specifically identified by name in these particulars of claim.

2.                  Those said employees were at all material times acting in the purported performance of their duties for and on behalf of the 1st Defendant.

3.                  The Defendant is a public authority for the purposes of section 19B of the Race Relations Act 1976 and a provider of services for purposes of section 20 of the 1976 Act.

Factual Background

4.                  The 1st Claimant was born on the 3rd May 1993

5.                  The 2nd Claimant is the farther of the 1st Claimant

6.                  The 2nd Defendant is responsible in her capacity as Chief Executive for Rutland County Council for the educational needs of the 1st Claimant. The 1st Defendant is the employer of the 2nd Defendant and is vicariously liable for the 2nd Defendants acts or omissions

7.                  Malachi Lloyd Wilks the infant Claimant was permanently excluded from the Vale of Catmose College for aggressive and threatening behaviour in September of 2006 and as such Rutland County Council were in attendance and aware of all mitigating circumstances surrounding said exclusion[i]

8.                  The Vale of Catmose was purported to be an educational facility whom specialised in Emotional and Behavioural Difficulties and as such is the local E.B.D facility in the vicinity in which the Infant Claimant resided.

9.                  The Claimants – and both of them disagreed with the 1st Defendants decision to exclude the Infant Claimant. The 2nd Claimant requested the Defendants to review their decision to permanently exclude the 1st Claimant on the grounds that:

a)      That the Vale of Catmose College was an E.B.D specialist provider and was the only facility in the area and no other facility was available for the continuance of the Infant Claimants educational needs[ii],

b)      That in June of 2006 The Vale of Catmose College applied to the 1st Defendants for an educational statement on behalf of the 1st Claimant as the Vale of Catmose College had identified that the 1st Claimant had additional behavioural needs which required additional funding (please see Supporting Documentation 1.). The 1st Defendants refused the Vale of Catmose College  request on the grounds;

                                i.            The vale of Catmose College already had the requested facilities to help and assist the Infant Claimant

                             ii.            That there was insufficient evidence that the Infant Claimant required the additional help and assistance to monitor, control or modify his behaviour[iii]

10.              Such request was also made by the 2nd Claimant in writing and during numerous meetings with the Vale of Catmose College and the Educational Department of the 1st Defendant[iv][v][vi].

11.              The 2nd Claimant requested of the Board of Governor’s of the Vale of Catmose College a full review of the 1st Claimant’s educational needs by the 1st Defendant

12.              Of the 1st Defendant the 2nd Claimant requested an alternative way for the 1st Claimant to be educated and at the same time the 2nd Claimant lodged an appeal against the decision to exclude the 1st Claimant

The Board of Governors at the Vale of Catmose College upheld the decision to exclude as a result the 1st Defendant offered two hours a week on a Friday as their solution to the 1st Claimants educational needs[vii]

 

The 2nd Claimant was wholly dissatisfied with this suggestion as the recommended governmental guidelines in this situation was for alternative tuition to be made available for a minimum of twenty five hours per week

 

Following further protracted discussions and meetings with the 1st Defendant a further eight hours of tuition was made available by the 1st Defendant. This was still below the recommended twenty five hours stipulated by the governmental guidelines

 

The 2nd Claimant was still dissatisfied with the proposals made by the 1st Defendant but accepted as an interim measure of ten hours per week while further alternatives were to be considered by the 1st Defendants

 

By March 2007 the 1st Claimant was receiving a blended course of education. The 1st Claimant was inducted at the new college in Stamford for one day a week plus the agreed ten hours per week private tuition

 

13.              the 2nd Claimant made the 1st Defendant aware that he was dissatisfied with the educational provisions made by the 1st Defendants under their statutory obligations[viii]

14.              The reasons for the 2nd Claimants dissatisfactions were;

a)      Stamford College was not a facility which had the required specialism in dealing with the 1st Claimants behavioural needs[ix]

b)      The 2nd Claimant made the 1st Defendant aware that the 1st Claimants behaviour my cause difficulties for other students thereby affecting the 1st Claimants education further and the education of other students at Stamford College

At the Disciplinary meeting in December of 2007 it was agreed by all parties that the 1st Claimant should be withdrawn from the New College Stamford by the 1st Defendants on the grounds that the New College Stamford was unable to deal with the 1st Claimants behavioural needs[x]

c)      By January of 2008 the 1st Claimant was again receiving ten hours of private tuition per week plus eight hours a week at a local IT centre

 

15.              By April/May 2008 the 1st Defendants arranged for the 1st Claimant to be enrolled at Corby V.C.T which specialises in permanently excluded pupils

The 2nd Claimant visited Cory V.C.T and expressed concern to the 1st Defendants that the lack of routine may cause the 1st Claimant to transgress again

The 2nd Claimant was more in favour of continued personal tuition for the required twenty five hours per week rather than a seat at the local college

The 1st Defendant did not at any time accept his proposal

 

16.              The 1st Claimant was given a probation period at the Corby V.C.T of two weeks. Within eight days the offer of a permanent placement was withdrawn by the College due to the 1st Claimants continued difficulties

17.              The 1st Defendants were unable to proved the 1st Claimant with a suitable tutor for private tuition after this date

The 1st Defendants at this stage and on numerous occasions had suggested that if the 2nd Claimant wished for his son to receive private tuition then he should educate his child himself.

This the 2nd Claimant eventually did involving the 2nd Claimant being unable to work or generate the required income necessary to sustain his families up keep

 

18.              The 2nd Claimant is fully qualified in the field of Social, Emotional and Behavioural Difficulties having previously been a teacher of S.E.B.D and holding both a degree in Sociology and a lecturers certification

The 2nd Claimant spent ten weeks giving the 1st Claimant daily provision of full school hours 9.30 until 3.30 plus home work

The 2nd Claimant will provide upon discloser the work produced by the 1st Claimant which far exceeds work produced in any one of the establishments controlled or offered by the 1st Defendant


[i] Letter from VCC

[ii] VCC website depicting the 1st Claimant

7[iii] Educational Psychology Report

[iv] Core Group Meeting/Discussion

[v] Minutes of Meeting re 1st Defendant

[vi] Email from 2nd Claimant to VCC

[vii] Letter from RCC Legal Services

[viii] Letter to Steven Attwood of RCC

[ix] Stage 3 Disciplinary Interview 1st Claimant

[x] RCC withdrawal of 1st Claimant from New College Stamford

3

The private tuition given by the 2nd Claimant caused great difficulty to the family house hold as the 2nd Claimant was dedicating so much time and effort to the 1st Claimant to the exclusion of other members of the family

The 2nd Claimant informed the 1st Defendants of these difficulties whom then made arrangements for the 1st Claimant to attend Trinity College in Loughborough with a view to statementing the 1st Claimant

The 1st Claimant received a statement of educational needs on 27th June 2008[A]

The statement of educational needs allowed additional funding for the 1st Claimants continued placement at Trinity College Loughborough

1.                  The 1st Claimant lasted five months at Trinity College Loughborough after which he was again permanently excluded for his behavioural difficulties and subsequently has received a criminal record for assault after the school had to resort to calling the police to control his behaviour[B]

This final incident occurred several weeks after the Trinity College Loughborough had informed the 1st Defendant that they were unable to cope with the behavioural difficulties as displayed by the 1st Claimant and further highlighted that the 1st Claimant required specialist input[C].

The 1st Claimant then remained totally without educational provision until February 2009

2.                  In December of 2008 the 1st Defendants confirmed in writing to the 2nd Claimant that they were unable to provide any further assistance regarding the education of the 1st Claimant[D] contrary to his statement of educational needs. This was in response to the 2nd Claimant’s request for further assistance[E]. Since this time the 1st Claimant has not received any formal educational assistance from the 1st Defendants despite the fact that the educational statement allows for statemented individuals to continue to receive assistance up until the age of 19

3.                  Despite the 2nd Claimants warnings the 1st Defendants have persisted with their policy of non intervention or support.

During the course of the 1st Claimants education at New College Stamford he was involved in issues concerning his behaviour on more than twenty occasions. The principle of New College Stamford did not inform the 2nd Claimant of any of those incidents. He did however inform the 1st Defendants. The 1st Defendants did not inform the 2nd Claimant

4.                  That Rutland County Council have failed to provide adequate education provision since September 2006

5.                  That Rutland County Council have withheld information applied for by the 2nd Claimant under the Data Protection Act

6.                  That between December 2005 and December 2008 Rutland County Council have inappropriately responded to complaints from the 1st and 2nd Claimants

7.                  That Rutland County Council have refused to follow Governmental Guidelines in relation to the carrying out of investigations and the informing of external bodies upon findings

8.                  That Rutland County Council have failed to provide Governmental educational provision recommendations for pupils permanently excluded from school’s

9.                  That at all times Rutland County Council have provided a sub standard service to the Claimant and his son

10.              The 1st Claimant is of mixed parentage and the 2nd Claimant is Black British. Both Claimants allege that they have been subject to less favourable treatment on the grounds of their origins in the following respects.

a) The failure of Helen Briggs Chief Executive to investigate complaints of racial discrimination

11.              Further and alternatively, by reason of the matters set out above, or any of them, the Defendant’s employees discriminated against the Claimant’s under section 20 of the 1976 Act either because;

a)      They failed to provide the Claimant’s with services; or

b)      They failed to provide the Claimant’s with services in the like manner as is normal in relation to other members of the public

12.              As a result of the matters set out above, or any of them, the Claimant’s have suffered loss and damages, distress and inconvenience in respect of which they are entitled to damages

13.              Further, the Claimant’s claim aggravated and exemplary damages. The Claimant’s will rely upon the following facts and matters in support of these parts of their claim:

a)      That the 2nd Claimant suffered particular distress by reason of the fact that his son the 1st Claimant was the victim of discriminatory practices;

b)      There was a failure to follow procedural and governmental guidelines;

c)      There was a failure to deal expeditiously with the Claimant’s complaints;

d)      The 2nd Defendants employees failed to deal with the 2nd Claimant’s complaints with the seriousness and sensitivity they deserved;

e)      That at least two of the 2nd Defendants employees fabricated a false account of the options available to the 1st Claimant upon permanent exclusion from school;

f)       That legal representatives of the 1st Defendant’s openly lied to the courts in attempts to mislead the courts in relation to these Particulars of Claim;

g)      The Defendant has denied liability throughout, failed to apologise and sought to justify the actions of her employees;

h)     Insofar as the Defendant continues to stand by the conduct of her employees, this constitutes a further aggravating feature;

14.              The 1st Claimant claims from both the 1st and 2nd Defendants damages for there failure to properly educate or provide adequate educational provisions in particular that they failed to provide an educational statement in time or at all to assist the 1st Claimant

15.              The 2nd Claimant claims damages from both the 1st and 2nd Defendants for distress, inconvenience, loss of potential earnings and the continual time and expense of dealing with an infant who has sever and at present uncontrollable behavioural difficulties

16.              The 1st and 2nd Claimants claim damages limited to £150,000 each in respect of the various heads of claim stated above

17.              The 1st and 2nd Defendants have failed both the 1st and 2nd Claimants in providing any suitable education and behavioural support and assistance and have continually failed to adhere to governmental guidelines in particular those relating to the provision of  a suitable and required level of education and support for the 1st Claimant

18.              The 1st Claimant also claims damages due to the fact that the 1st Claimant is now severely prejudiced due to a lack of education on the open labour market. The 1st Claimant has been under the care and supervision of the 1st Defendant since the age of 12 and at no time has he received counselling or any other remedial therapy to deal with his on going behavioural difficulties

19.              In support of his claim for aggravated damages, the 2nd Claimant will seek to rely upon any other relevant matters which may come apparent upon service of the Defendant’s statement of case, disclosure of documents and as a result of the conduct of the Defendants case before or during trial.

20.              Further, the Claimant’s claims interest pursuant to section 69 of the County Courts Act 1984 on all sums awarded to both Claimant’s at such a rate and for such a period as the court thinks fit.

21.              And the Claimant’s claim:

a)                  A declaration of unlawful race discrimination;

b)                  Damages, including aggravated and exemplary damages; and

c)                  Interest on the basis set out in paragraph 38 above.

Richard Bradley Wilks

I believe that the facts stated in these Particulars of Claim to be true

Signed:             ………………………………………..

Name:              Richard Bradley Wilks

Date:                26th June 2009


[A] Statement of Special Educational Needs 27 June 2008

[B] Letter from 1st Defendants criminal solicitors

[C] Trinity College reports on the 1st Claimant

[D] Letter to 2nd Claimant from RCC

[E] Letter to RCC

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